EMPLOYMENT INSURANCE |
Paxton v. Canada (Attorney General)
A-486-01
2002 FCA 360, Létourneau J.A.
4/10/02
7 pp.
Judicial review of Umpire's decision dismissing applicant's appeal from decision of Board of Referees (Board)-- Applicant attending school full-time--Application for unem-ployment benefits and training course questionnaire indicating applicant not ready to work and not looking for work during course--Board finding applicant not available for work pursuant to Employment Insurance Act, s. 18 and Board having no jurisdiction to vary Commission's determination that applicant not be sponsored to attend courses and receive benefits at same time--Umpire right in conclusion no appeal from Commission's decision about sponsorship of claimant-- However, obiter, Umpire mistaken in ruling possibility of waiver under Act, s. 50(1) had no application to issue before him because Act, s. 25(2) providing no right of appeal-- Application dismissed--Applicant not meeting requirements of s. 18--S. 25(2) not allowing appeal of Commission's decision regarding sponsorship--S. 50(10) giving Commis-sion discretion to vary requirements of s. 50, not other provisions of Act--Employment Insurance Act, S.C. 1996, c. 23, s. 18, 25(2), 50(10).